Real law (Austria)
In the private law of Austria according to Section 307 of the Austrian Civil Code (ABGB) , a right in rem is defined as rights "which a person is entitled to about a thing regardless of certain persons". They are core components of property law . They are opposed to personal property rights as an object of the law of obligations, which only work between the contracting parties. Real rights are therefore 1. Rights to rule over a thing within the meaning of Section 285 of the Austrian Civil Code, which affect everyone and are therefore absolute (not just relative ). However, the technical term according to § 285 ABGB for rights in rem is limited to the extent that these are only possible on physical and present things.
Rights in rem are found in many areas of law. The most important real rights according to § 308 ABGB are property , lien , easement and inheritance . The materiality of inheritance law follows from Section 532 ABGB . It can be enforced against everyone by whoever is entitled to it. Has the estate already been answered to the heirs (i.e. transferred into the legal possession of an heir) and it turns out that another person has a better right of inheritance, as e.g. B. If a will appears with another sole heir, the heir passed over and considered in the will can his better right of inheritance with an inheritance action according to § 823 ABGB assert.
- Helmut Koziol , Peter Bydlinski , Raimund Bollenberger (eds.): General Civil Code. Comment . Springer, Vienna / New York 2005, ISBN 978-3-211-23827-1 .
- Eccher: ABGB § 307 . In: Helmut Koziol, Peter Bydlinski, Raimund Bollenberger (ed.): General Civil Code. Comment . Springer, Vienna / New York 2005, ISBN 978-3-211-23827-1 , Rn. 1.
- Eccher: ABGB § 308 . In: Helmut Koziol, Peter Bydlinski, Raimund Bollenberger (ed.): General Civil Code. Comment . Springer, Vienna / New York 2005, Rn. 1.